A/HRC/4/24
page 5
14.
In Bosnia and Herzegovina, the State Border Services (SBS) use of force is authorized
only when necessary and exclusively to an extent necessary for the realization of legal objective.
Concerning mechanisms for investigation and prosecution of cases of abuse of coercive
weapons, the Office for Professional Standards and Internal Affairs has been established at the
central level of the SBS.
15.
In Canada, the Canadian Border Security Agency (CBSA) states that justification to use
force is limited; however, officers may only use whatever force is necessary for that purpose and
may be held criminally responsible for any force deemed to be unnecessary or excessive.
Incidents that involve serious injury or death are always investigated by independent police or
civilian investigative authority to ensure there was just cause for the amount of force used.
There is no federal investigative body to review matters of the use of force by law enforcement
officers but they are available at the provincial level.
16.
Germany stated that administrative coercion may be used only when specifically allowed
by law and is used as the severest coercive measure. Affected persons may ask an administrative
court to re-evaluate the advance warning, determination and execution of a coercive measure.
17.
In Japan, Coast Guard officers and their assistants may use arms within limits, according
to the situation in case. Malta stated that the use of force must be absolutely necessary and
proportionate.
18.
In Spain, the National Police Force use of arms is allowed in cases of serious risk for life
or physical integrity of the border officials or third persons, or in cases of serious risk for public
safety. In cases of incidents of abuse, the penal jurisdiction should be competent to examine
those abuses committed by members of the Security Forces. Syria’s border control guards are
provided with training and any incidents of abuse or violations are subject to the legislation
following decree 29/1970.
19.
In its reply, Venezuela (Bolivarian Republic of) states that the use of force may be
authorized in case of public disorder and lack of respect for an authority.
Question: Please indicate if, in the context of border control, any laws, regulations or
agreements with other countries exist to prevent loss of life and/or serious harm to migrants
attempting to cross borders irregularly.
Responses
20.
The Special Rapporteur regrets the limited number of responses received on this issue.
He encourages States to adopt all the necessary measures in order to prevent the loss of life of
irregular migrants at the border controls. He welcomes the actions taken by the Governments of
Turkey and Ecuador which have ratified the Protocol against the Smuggling of Migrants by
Land, Sea and Air, supplementing the United Nations Convention against Transnational
Organized Crime.
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